Workers’ compensation helps many people who have suffered a work-related injury or developed an occupational disease due to hazardous exposure on the job. However, some workers’ compensation claims are denied, even when they are legitimate. In fact, many legitimate claims are denied on a regularly basis for illegitimate reasons. In these cases, the injured worker will receive a letter stating that his or her claim was denied.
If your claim for workers’ compensation is denied, you still have options. You can contest the denial through the administrative office of the courts. When your claim is denied, you can fight back, and you do not have to fight the battle alone. Contact our workers’ compensation lawyers who represent injured workers across New Jersey. We help injured employees understand their rights and guide them through the process of filing a claim.
Reasons for a Workers’ Compensation Denial
The following are some common reasons that workers’ compensation claims are denied:
- Your Employer Denies a Claim: An employer may deny that the injury occurred at work or claim that the illness was not caused by the company’s work environment.
- Not Filing on Time: The injured or sick employee did not file the claim in a timely fashion. State law requires that injured employees notify their employer of all traumatic accidents in a timely fashion.
- Having No Witnesses to Back Your Story: No one witnessed your accident. Workers’ compensation insurance companies do not like reports of accidents without witnesses. They often question the validity of the claim. However, not all work accidents will have witnesses. It is important for you to report the accident immediately to colleagues in the office and upper management.
- Inconsistencies in Your Statements and Reports: Make sure the story is the same each time you discuss it with co-workers, supervisors, health care providers and claim reports. Deviations from the original story may cause people to doubt your claim and cause the claim to be denied.
- Prior Injury to the Same Body Part: In many cases insurance companies will deny a claim due to a preexisting condition or previous injury. This does not mean your claim in not legitimate and you may still very well be entitled to your benefits.
- You are No Longer Employed by the Company: Sometimes, an employee is laid off or fired before filing a claim. Insurance companies may deny claims from workers who get fired or laid off. They might view the claim as an act of retaliation against the employer instead of a legitimate work-related accident.
- Presence of Illegal Drugs in the Employee’s System: An insurance company may not accept a claim from an injured worker when he or she visits a hospital emergency room after the accident and illegal drugs are found in his or her system.
Get Legal Help with Your Claim
Injured workers should not stop trying to obtain their workers’ compensation benefits just because of a denial. You can go through the claim process, which always includes a hearing. Always speak with an experienced workers’ compensation lawyer before filing an claim. Claims can be complex and have specific deadlines.
The Workers’ Compensation lawyers at Schibell Law will help you with gathering the evidence and navigating the process to properly prosecute your claim. We will work tirelessly and aggressively to help you get the workers comp benefits that you deserve. Schibell Law has offices in Oakhurst, Toms River, Howell, and serves clients throughout New Jersey. Call 732-774-1000 for more information or to set up a free case evaluation.